§ 207-b. Employee benefit fund; division of state police. 1. Definitions. As used in this section, unless otherwise expressly stated:

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a. "Director" shall mean the director of employee relations.

b. "Employee" shall mean any person in the service of the state of New York in the division of state police who is appointed to and serving on a full-time annual salaried basis in a position in the collective negotiating units consisting of troopers; commissioned and non-commissioned officers; and investigators, senior investigators and investigative specialists established pursuant to Article 14 of the civil service law.

2. a. Where, and to the extent that, the agreement between the state and an employee organization entered into pursuant to Article 14 of the civil service law so provides on behalf of the employees in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, established pursuant to Article 14 of the civil service law, and upon audit and warrant of the state comptroller, the director shall provide for the payment of monies to such employee organization for the establishment and maintenance of an employee benefit fund established by the employee organization for the employees in the negotiating unit covered by the controlling provisions of such agreement providing for such employee benefit fund. Such amounts are to be determined consistent with said agreement, including any and all monies agreed to be transferred in said agreement, and on the basis of the number of full-time annual salaried employees, other than full-time seasonal employees, on the payroll on March first, two thousand eighteen for payments to be made on April first, two thousand eighteen, the number of full-time annual salaried employees, other than full-time seasonal employees, on the payroll on March first, two thousand nineteen for payments to be made on April first, two thousand nineteen, the number of full-time annual salaried employees, other than full-time seasonal employees, on the payroll on March first, two thousand twenty for payments to be made on April first, two thousand twenty, the number of full-time annual salaried employees, other than full-time seasonal employees, on the payroll on March first, two thousand twenty-one for payments to be made on April first, two thousand twenty-one, and the number of full-time annual salaried employees, other than full-time seasonal employees, on the payroll on March first, two thousand twenty-two for payments to be made on April first, two thousand twenty-two. The amounts, which will be determined pursuant to this section, for employees who are paid from special or administrative funds, other than the general fund or the capital projects fund of the state, will be paid from the appropriations as provided by law, in which case the state comptroller will establish procedures to ensure repayment from said special or administrative funds. The director shall enter into an agreement with the employee organization that sets forth the specific terms and conditions for the transmittal of monies pursuant to this section. Payments made pursuant to this paragraph and paragraph a-1 of this subdivision shall be made to the same fund as set forth in the agreement between the director and the employee organization that represents the employees covered by the provisions of this paragraph and paragraph a-1 of this subdivision.

a-1. Where, and to the extent that, the agreement between the state and an employee organization entered into pursuant to Article 14 of the civil service law so provides on behalf of employees in the collective negotiating unit consisting of troopers in the division of state police, established pursuant to Article 14 of the civil service law, and upon audit and warrant of the state comptroller, the director shall provide for the payment of monies to such employee organization for the establishment and maintenance of an employee benefit fund established by the employee organization for the employees in the negotiating unit covered by the controlling provisions of such agreement providing for such employee benefit fund. Such amounts are to be determined consistent with said agreement, including any and all monies agreed to be transferred in said agreement, and on the basis of the number of full-time annual salaried employees, other than full-time seasonal employees, on the payroll on March first, two thousand eighteen for payments to be made on April first, two thousand eighteen, the number of full-time annual salaried employees, other than full-time seasonal employees, on the payroll on March first, two thousand nineteen for payments to be made on April first, two thousand nineteen, the number of full-time annual salaried employees, other than full-time seasonal employees, on the payroll on March first, two thousand twenty for payments to be made on April first, two thousand twenty, the number of full-time annual salaried employees, other than full-time seasonal employees, on the payroll on March first, two thousand twenty-one for payments to be made on April first, two thousand twenty-one, and the number of full-time annual salaried employees, other than full-time seasonal employees, on the payroll on March first, two thousand twenty-two for payments to be made on April first, two thousand twenty-two. The amounts, which will be determined pursuant to this section, for employees who are paid from special or administrative funds, other than the general fund or the capital projects fund of the state, will be paid from the appropriations as provided by law, in which case the state comptroller will establish procedures to ensure repayment from said special or administrative funds. The director shall enter into an agreement with the employee organization that sets forth the specific terms and conditions for the transmittal of monies pursuant to this section. Payments made pursuant to this paragraph and paragraph a of this subdivision shall be made to the same fund as set forth in the agreement between the director and the employee organization that represents the employees covered by the provisions of this paragraph and paragraph a of this subdivision.

* b. Pursuant to the terms of an agreement negotiated between the executive branch of the state of New York and the employee organization representing the collective negotiating unit consisting of investigators, senior investigators, and investigative specialists in the division of state police, and upon audit and warrant of the state comptroller, the director shall provide for the payment of monies to such employee organization for the establishment and maintenance of an employee benefit fund established by the employee organization for the employees in the collective negotiating unit covered by the controlling provisions of such agreement providing for such employee benefit fund, such amount to be determined consistent with said agreement, including any and all monies agreed to be transferred in said agreement, and on the basis of the number of full-time annual salaried employees, other than full-time seasonal employees, on the payroll on March first, two thousand eleven, for payments to be made on April first, two thousand eleven, and on the payroll on March first, two thousand twelve, for payments to be made on April first, two thousand twelve and on the payroll on March first, two thousand thirteen, for payments to be made on April first, two thousand thirteen and on the payroll on March first, two thousand fourteen, for payments to be made on April first, two thousand fourteen and on the payroll on March first, two thousand fifteen, for payments to be made on April first, two thousand fifteen and on the payroll on March first, two thousand sixteen for payments to be made on April first, two thousand sixteen and on the payroll on March first, two thousand seventeen for payments to be made on April first, two thousand seventeen. The amount, which will be determined pursuant to this section, for employees who are paid from special or administrative funds, other than the general fund or the capital projects fund of the state, will be paid from the appropriations as provided by law, in which case the state comptroller shall establish procedures to ensure repayment from said special or administrative funds. The director shall enter into an agreement with an employee organization, which sets forth the specific terms and conditions for the transmittal of monies pursuant to this section.

* NB Effective until certain conditions are met as set forth in chapter 337 of 2019 Part A § 25

* b. Pursuant to the terms of an agreement negotiated between the executive branch of the state of New York and the employee organization representing the collective negotiating unit consisting of investigators, senior investigators, and investigative specialists in the division of state police, and upon audit and warrant of the state comptroller, the director shall provide for the payment of monies to such employee organization for the establishment and maintenance of an employee benefit fund established by the employee organization for the employees in the collective negotiating unit covered by the controlling provisions of such agreement providing for such employee benefit fund, such amount to be determined consistent with said agreement, including any and all monies agreed to be transferred in said agreement, and on the basis of the number of full-time annual salaried employees, other than full-time seasonal employees, on the payroll on March first, two thousand eighteen, for payments to be made on April first, two thousand eighteen, and on the payroll on March first, two thousand nineteen, for payments to be made on April first, two thousand nineteen and on the payroll on March first, two thousand twenty, for payments to be made on April first, two thousand twenty and on the payroll on March first, two thousand twenty-one, for payments to be made on April first, two thousand twenty-one and on the payroll on March first, two thousand twenty-two, for payments to be made on April first, two thousand twenty-two. The amount, which will be determined pursuant to this section, for employees who are paid from special or administrative funds, other than the general fund or the capital projects fund of the state, will be paid from the appropriations as provided by law, in which case the state comptroller shall establish procedures to ensure repayment from said special or administrative funds. The director shall enter into an agreement with an employee organization, which sets forth the specific terms and conditions for the transmittal of monies pursuant to this section.

* NB Effective upon certain conditions being met as set forth in chapter 337 of 2019 Part A § 25

3. Such employee organization shall periodically as specified by the director, supply a description of the benefits purchased or provided by the employee benefit fund, the utilization experience of the benefit fund, the amount disbursed for or the cost of such benefits and such other information as may be requested by the director.

4. The employee organization shall report to the comptroller, in the form and manner as he may direct, the amount it expended for the purchase of or providing for such benefits for any period specified by the comptroller. The comptroller is hereby authorized to audit the books of the employee organization with respect to any moneys transmitted to it pursuant to this section.

5. Neither the state nor any officer or employee of the state shall be a party to any contract or agreement entered into by any employee organization providing for benefits purchased in whole or in part with moneys transmitted to such employee organization pursuant to this section. No benefit provided pursuant to such contracts or agreements shall be payable by the state and all such benefits shall be paid by the responsible parties to such agreements or contracts pursuant to the terms and conditions of such agreements or contracts. The employee organization shall be a fiduciary with respect to the employee benefit fund established pursuant to this section.

6. Nothing herein shall be deemed to diminish, impair or reduce any benefit otherwise payable to any employee established or authorized by law, rule or regulation by reason of such employee's lack of eligibility to participate in any benefit program established by an employee organization pursuant to this section.

7. In the event it is determined that the moneys transmitted to an employee organization pursuant to this section is income for which payroll deductions are required for income tax withholdings from the salary or wages of employees pursuant to law, the comptroller shall determine the amount of such withholdings required and deduct the amount so required to be withheld from the salary or wages of the employees concerned.

8. The employee organization shall indemnify the state for any claims whatsoever paid by it arising from the establishment, administration or discontinuation of any employee benefit provided pursuant to this section, together with reasonable costs of litigation arising therefrom.

9. Insofar as the provisions of this section are inconsistent with the provisions of any other act, general or special, the provisions of this section shall be controlling.